STAND. COM. REP. NO. 1241

Honolulu, Hawaii

, 2005

RE: H.B. No. 422

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Energy, Environment, and International Affairs and Transportation and Government Operations, to which was referred H.B. No. 422, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CRUISE SHIPS,"

beg leave to report as follows:

The purpose of this measure is to enact a new part to the water pollution law to regulate discharges from commercial passenger vessels.

Testimony in support of the measure was received from the Office of Hawaiian Affairs, which also offered comments; a member of the Maui County Council; Sierra Club-Hawaii Chapter; and the University of Hawaii Environmental Center. Testimony in opposition to the measure was received from the Department of Health, Norwegian Cruise Lines America, and North West Cruiseship Association.

Your Committees find that increased scrutiny of cruise ship and commercial passenger vessel voyages is necessary to protect the waters of the State from environmental degradation due to discharge of graywater and other wastewater, as well as air pollution. Your Committees further find that this measure provides a comprehensive regulatory scheme to protect the marine environment in the State. However, your Committees also find that this measure does not adequately address concerns raised in testimony regarding possible federal preemption issues.

Your Committees have amended this measure by replacing it with the provisions of S.B. No. 1002, S.D.2, which incorporates the work done by your Committees in conjunction with the Environmental Protection Agency, Region 9, to address federal preemption concerns. The amended measure also addresses the concerns raised previously by the Attorney General regarding jurisdictional issues.

As affirmed by the records of votes of the members of your Committees on Energy, Environment, and International Affairs and Transportation and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 422, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 422, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Energy, Environment, and International Affairs and Transportation and Government Operations,

____________________________

LORRAINE R. INOUYE, Chair

____________________________

J. KALANI ENGLISH, Chair